Loading...
78-590 ~ 92nd Avenue Parcel No. UT-4 CORPORATE SEWER EAS LENT ... `ikPec Sci 0- T/ter/rr k p•` Cit of Tigard, Box 23557 Ti-:ard, Oregon 97223 An Oregon Corporation, does hereby grant unto the Unified Sewerage Agency of Washington County, its successors and assigns, the right to lay down, construct and perpetually maintain a sewer or sewers through, under and along A PERMANENT EASEMENT A portion of Tract II of that tract of land in Section 14, Township 2 South, Range 1 West, of thw Willamette Meridian, Washington County, Oregon, conveyed to the City of Tigard, as des- cribed and recorded in Volume 1002, Page 865, deed records of said Washington County, more particularly described as follows: The Northerly 40 feet of the Southerly 90 feet of said tract. A TEMPORARY EASEMENT The Northerly 100 feet of the Southerly 130 feet of said tract. Said temporary easement is automatically extinguished following Agency acceptance of completed sewer in adjacent permanent easements. No structure shall be erected upon said easement without the written consent of the Grantee. The consideration for this grant is Nine Hundred Forty Dollars IN WITNESS WHEREOF, the grantor above named, has hereunto set his hand and seal this <�``I day of TT 1 • 1 A.D., 19 . 4 APPROVED GENERAL MANAGER, Unified Sewerage Agency / Washing n C unty City of Tigard /��/ / / Corporate Namejj , '�j By Coil // j t� By --- .. e./,' /=(� ' -t , APPROVED AS TO FORM Washington County Counsel By / i'Wa. t By f STATE OF OREGON ) j as County of Washington ) On this day of d, /,I , 19 `7,' , before me, personally appeared /.0./64.o- ,1 /8,5i-74.)r known to me to be the 1t j rry nY u J"- —The G./ci of %F y,,,,i Pxe44 se- -0-; and , pr4s ....,.L.5 known to me to be the c., nf9[ter(. Rr.�cc:rdQ,. cr.rret ry, / of the corpT1oration described in and that executed the within instrument, and also known • to me to be the person who executed it on beh if of the �czpor tti on/ therein named, and he acknowledged to me that such executed the within instrument pursuant to its by-laws or a resolution of its board of directors. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my official seal, - this the day and year first in this, my certificate, written. 1 ; ) • Notary Public for Oregon My Commission expires '/'-,L. ... / 77-LLAt /7c Ammimimm ,, EASEMENT CONDITIONS 1 . The Agency contractor shall confine his operation to the desig- nated areas and observe all restrictions . 2 . The Agency contractor will make any necessary preliminary explora- tions to determine the location of any obstructions which may in- terfere with the construction of the sewer line. 3 . Under the direction and supervision of the Agency, the contractor shall do all clearing and grubbing necessary in the construction of sewer and the cost thereof shall be absorbed by him. 4. In any portion of the line crossing private landscaped property areas , the contractor shall excavate and pile the top soil separ- ately from the subsoil, and conduct the work in a manner that will replace original conditions as near as practicable. The contractor shall remove and replace any small trees , shrubs , plants , or sod that cannot be preserved. All shrubs or plants shall be carefully handled, kept watered, and replaced in their original position without damage . Sod shall be handled in a similar manner. Where- ever it cannot be saved and restored, the ground must be reseeded at the expense of the contractor. Plants or shrubs killed or destroyed must be paid for, or replaced by the contractor. It is the intent of this paragraph that the contractor shall leave the surface and planting in substantially the same condition as before the work is undertaken. Major trees in the permanent easement are not replaceable , and are included in the value of the easement , and are the property of the Agency. 5 . When sewer construction is across land on which livestock may be grazing, the contractor shall erect temporary fencing along any open trenches to prevent livestock from getting into the trench. Whenever it becomes necessary to cross an existing fence line , the contractor shall conduct his operation and erection of fences and barricades so that livestock are not prevented access to the water courses they normally use for drinking. 6 . During the time that the work is in progress , the contractor shall make every effort to maintain the site in a neat and orderly con- dition. All refuse , broken pipe, excess fill material , cribbing , etc. , shall be removed as soon as practicable . Should the work not be maintained in a satisfactory condition, the Agency may cause the work to stop until the cleanup portion of the work has been done to the satisfaction of the owner and/or the Agency. Unusual conditions and special situations may cause final cleanup and restoration to be delayed until the final stages of construction. 72-36R EA5 NT CSTRI - 4. CITY C)F TIC,A2D 25 1 14 A 901 1002/8(.05 T(2ACT JI G-55 LINEAL FEET TRACT II _r _ _ _ _-A 35)t 1001 TT'M PC)2A2Y [--401 PE2MANE"NT E-A5E-ME-MT Stevensi.'TtionipS On R Runyan. Inv. i• Engineers/Planners FORTLAND • SEATTLE BOISE • S.OKANE HOu3TON Parcel No. UT-3 CORPORATE SEWER EASEMENT 111010, Reci4S 0 �/� f r g fp- City 2City of Tigard, Box 23557, Tigard, Oregon 97223 An Oregon Corporation, does hereby grant unto the Unified Sewerage Agency of Washington County, its successors and assigns, the right to lay down, construct and perpetually maintain a sewer or sewers through, under and along A PERMANENT EASEMENT A portion of that tract of land in Section 14, Township 2 South, Range 1 West, of the Willamette Meridian, Washington County, Oregon, conveyed to City of Tigard, as described and recorded in Volume 1002, Page 851, deed records of said Washington County, more particularly described as follows: The Northerly 40 feet of the Southerly 90 feet of said tract. A TEMPORARY EASEMENT The Northerly 100 feet of the Southerly 130 feet of said tract. Said temporary easement is automatically extinguished following Agency acceptance of completed sewer in adjacent permanent easements. No structure shall be erected upon said easement without the written consent of the Grantee. The consideration for this grant is One Hundred Dollars IN WITNESS WHEREOF, the grantor above named, has hereunto set his hand and seal this day of A.D. , 19 APPROVED GENERAL MANAGER, Unified Sewerage Agency . Washington County City of Tigard �� Corporate Name By , xBYL t/ &� APPROVED AS/TO FORM �� Washin or Cou ty Coun: ABy / / I BY 4416.A - • V" STATE OF OREGON ) ) ss County of Washington ) On this ,27 day of Jcc / , 19 -7J' , before me, personally appeared (,�,�,(har /1 !J, 5h0/-) known to me to be the C,4 uf- /440,y Px " id—t, and �� � known to me to be the (, � , f7 yard rclQv agazaZary, of the corporation described in and that executed the within instrument, and also known • to me to be the person who executed it on behlf of the therein named, and _he acknowledged to me that such Eftbeft/16X executed the within instrument pursuant to its by-laws or a resolution of its board of directors. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed U official seal, - this the day and year first in this, my certificate, written. (.. 4otary Public for Oregon My Commission expires//--t:{ .--S/ 72-46R3/75 EASEMENT CONDITIONS , 1 . The Agency contractor shall confine his operation to the desig- nated areas and observe all restrictions . 2 . The Agency contractor will make any necessary preliminary explora- tions to determine the location of any obstructions which may in- terfere with the construction of the sewer line. 3 . Under the direction and supervision of the Agency, the contractor shall do all clearing and grubbing necessary in the construction of sewer and the cost thereof shall be absorbed by him. 4. In any portion of the line crossing private landscaped property areas , the contractor shall excavate and pile the top soil separ- ately from the subsoil, and conduct the work in a manner that will replace original conditions as near as practicable. The contractor shall remove and replace any small trees , shrubs , plants , or sod that cannot be preserved. All shrubs or plants shall be carefully handled, kept watered, and replaced in their original position without damage. Sod shall be handled in a similar manner. Where- ever it cannot be saved and restored, the ground must be reseeded at the expense of the contractor. Plants or shrubs killed or destroyed must be paid for, or replaced by the contractor . It is the intent of this paragraph that the contractor shall leave the surface and planting in substantially the same condition as before the work is undertaken. Major trees in the permanent easement are not replaceable , and are included in the value of the easement , and are the property of the Agency. 5 . When sewer construction is across land on which livestock may be grazing, the contractor shall erect temporary fencing along any open trenches to prevent livestock from getting into the trench. Whenever it becomes necessary to cross an existing fence line , the contractor shall conduct his operation and erection of fences and barricades so that livestock are not prevented access to the water courses they normally use for drinking. 6 . During the time that the work is in progress , the contractor shall make every effort to maintain the site in a neat and orderly con- dition. All refuse , broken pipe, excess fill material, cribbing , etc. , shall be removed as soon as practicable . Should the work not be maintained in a satisfactory condition, the Agency may cause the work to stop until the cleanup portion of the work has been done to the satisfaction of the owner and/or the Agency. Unusual conditions and special situations may cause final cleanup and restoration to be delayed until the final stages of construction. 72-36R Noe *NO UNIFIED SEWERAGE AGENCY `fie ON OF 4. mom WASHINGTON COUNTY WA% ADMINISTRATION BUILDING— 150 N. FIRST AVENUE _ 'MR / HILLSBORO, OREGON 97123 (503) ¢48-8621 BOARD OF COMMISSIONERS Joel Wesselman MILLER M. DURIS,Chairman General Manager BILL BLOOM Room 302 VIRGINIA DAGG RICHARD C. HEISLER July 21 , 1978 RAY MILLER City of Tigard P.O. Box 23397 Tigard, Oregon 97223 Attention: Raeldon R. Barker City Administrator Gentlemen: SUBJECT: UPPER TUALATIN INTERCEPTOR EASEMENTS We have reviewed your letter of July 12, 1978, and accept the conditions stated in that letter. Those conditions are as follows: 1 ) A parking lot and access driveway are not construed to be a "structure", per verbiage of said easement(s). 2) The area within the temporary and perpetual easement limits, including S.W. 92nd Avenue right-of-way, will be cleaned up (i .e. , cleared, graded, left in a neat and workmanlike condition) immediately upon installation of the sewer pipe and appurtenances. 3) Two (2) six-inch side service stubs will be provided for (future) connection of two (2) city park rest- room buildings; the location of which shall be agreed upon prior to installation of the interceptor. I hope this will fulfill your requirements and enable you to execute the subject easements. Very truly y r CIL/P.3 Donald E. Schut Division Engineer DES:vr (a) staff discussedit the residency requiiement should be within the (cont .) urban growth boundaries as established by L,C ,D. C. or the Planning Commission. Council also considered if the ordinance should be referred to the voters and if the Building Official and Head Librarian should also be included in the requirements . Councilman Mickelson moved to approve the ordinance based on the condition that it be referred to the voters . Attorney Baileysuggested the ordinance be amended to indicate the Urban Growth Boundaries as approved by the Planning Commission until superseded by L.C.D„ C, Urban Growth Boundaries , After further discussion , Councilman Miekeison withdrew his motion. Council discussed placing a waiver of some type for people who fill the positions before the ordinance took effect , Motion by Councilman Miekelson. to have the attorney rewrite the ordinance as discussed and with the provision that it be referred to the voters at the November election ; motion seconded by Council- man Cook Approved by 3-1 vote, Councilman Scheckla voting NAY. 12. U. S .A. SEWER EASEMENT REQUEST - UT -3 and UT--4 (a) City Administrator reported the Unified Sewerage Agency plans to in- stall a sewer line in September 1978 , through Cook Park and is seeking two easements from the City . City Administrator recommended before Council grants the easement , the City obtain written as- surance that the future parking of would not be construed to be a "Structure" and that the contractor cleanup the area immediately upon completion of the line, City Administrator also recommended that the U, SA1, provide the City with the service stubs to hook up the restrooms at. Cook Park. U, S ,A. is offering to pay the City $1040 for the two easements , (b) Motion by Councilman Cook to approve the -two easements subject to the conditions as suggested by the City Administrator . Motion seconded by. Councilman Mickelson , Approved by unanimous vote of Council , 1 . 72ND AVENUE ROAD CONDITION (a) As requested by Council , City Administrator contacted Washington County regarding repairs to SW 72nd Avenue, County staff will repair and "patch as needed" . City Administrator further reported the Tigard Water District and Unified Sewerage Agency contractor have repaired portions of road damaged by construction . SW 72nd is one of the streets City has requested to take over from Washington County and City Administrator suggested Council consider resurfacing of street in this fiscal year , City Administrator to report back to Council after Washington County Commissioners have made decision re- garding jurisdiction of street , PAGE 3 - REGULAR COUNCIL MINUTES - July 10 , 1978